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278 judgments · newest first · showing 201–278
Puri Constructions entered into a 1984 agreement to construct an assembly building in Madhya Pradesh. A dispute led the Delhi High Court to appoint an arbitrator who rendered an award in 1989, which was later made a rule of court and executed in 1991. The appellant appealed the execution, and the …
The Supreme Court considered an appeal by M/s Gangotri Enterprises Ltd. against the Madhya Pradesh Road Development Corporation concerning the interpretation of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983. The Court clarified that the term “ascertained money” in Section 2(d) includes …
The State of Madhya Pradesh appealed against an order of the Madhya Pradesh High Court that relied on an earlier judgment concerning the jurisdiction of arbitration tribunals under the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983. The Supreme Court observed that the earlier High Court …
The Madhya Pradesh Rural Road Development Authority filed a civil appeal against Backbone Enterprises Limited challenging the High Court's order that relied on the Va Tech judgment to decide the jurisdiction of the arbitration tribunal. The Supreme Court observed that the Va Tech decision (Va Tech …
The State of Chhattisgarh appealed against an order of the High Court that had directed the parties to approach the Arbitration and Conciliation Act, 1996 for resolution of a dispute with M/S KMC Construction Limited. The Supreme Court examined whether the Madhya Pradesh Madhyastham Adhikaran …
The case arose from the Karnataka Public Service Commission's (KPSC) selection for Group ‘A’ and ‘D’ posts, where allegations of bribery and irregularities in examinations and interviews led to an FIR against KPSC officials. After a CID interim report, the Karnataka Government ordered the annulment …
The Supreme Court considered the use of videography at crime scenes as a tool to improve criminal investigations. Submissions highlighted international practice, the benefits of body‑worn cameras, and the need for safeguards under evidentiary law. The Court examined prior judgments on electronic …
The dispute concerned the execution of a works contract which was referred to an arbitrator who awarded in favour of M/s Lion Engineering Consultants. The State of Madhya Pradesh challenged the award under Section 34 of the Arbitration and Conciliation Act, 1996 and sought to amend its objections …
The State of Bihar challenged the appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, arguing that the Bihar Public Works Contracts Arbitration Tribunal Act, 2008 excluded the Central Act for works contracts. The parties had a contract dated 22 June 2012 …
The Board of Control for Cricket in India filed a Section 34 challenge to arbitral awards dated June 2015, and the award creditors sought execution. The award debtor argued that the pre‑amended Section 36 imposed an automatic stay on execution until the Section 34 petition was decided, while the …
The Supreme Court examined whether receipts such as non‑occupancy charges, transfer charges and common‑amenity‑fund contributions received by a premises cooperative society from its members are taxable as business income or exempt under the doctrine of mutuality. The Court held that the doctrine of …
Essar Bulk Terminal Ltd. challenged a Gujarat Government notification expanding Hazira port limits under Section 5 of the Indian Ports Act, claiming it would affect land it had reclaimed for its captive jetty. The Supreme Court held that the notification was issued in public interest and was within …
The appellant, Transmission Corporation of Andhra Pradesh Ltd., challenged the respondent GMR Vemagiri Power Generation Ltd.'s use of Regasified Liquefied Natural Gas (RLNG) under a Power Purchase Agreement (PPA) originally amended to specify "fuel" as "natural gas only". The Supreme Court examined …
The petition challenged the constitutional validity of Section 21A of the Banking Regulation Act, 1949, which bars courts from reopening bank loan transactions on the ground of excessive interest. The petitioners argued that the provision violated Article 14 and undermined State Debt Relief Acts …
M/S RDB Textiles Ltd. manufactured jute bags for the Food Corporation of India, state governments and other agencies for use in the Public Distribution System. The Central Excise authorities denied exemption under Notification 30/2004, claiming that the bags bore a "brand name" because they …
The appellants sought to enforce a foreign arbitral award in Gujarat High Court, which ordered enforcement. They then challenged the order by filing an appeal under Section 13(1) of the Commercial Courts Act, arguing that an appeal was permissible even though Section 50 of the Arbitration and …
Rithwik Energy Generation Pvt Ltd entered into a Power Purchase Agreement (PPA) with Bangalore Electricity Supply Co Ltd (BESCOM). The State Commission refused to approve the PPA, leading the appellant to seek a declaration that the PPA was invalid. During the pendency of appeals, the appellant sent …
The appellant's land was reserved for a primary school under a development plan and a purchase notice was served under Section 49 of the Maharashtra Regional Town Planning Act, 1966. The State Government confirmed the notice and the appropriate authority filed an acquisition proposal within the …
Bengal Chemists & Druggists Assn. appealed against an order of the National Company Law Appellate Tribunal (NCLAT) that dismissed its appeal as not maintainable because it was filed nine days after the initial 45‑day limitation period and after the additional 45‑day grace period had also expired. …
The appellant bank sought to set aside an interim order of the Kerala High Court that stayed proceedings under Section 13(4) of the SARFAESI Act after the borrower, Mathew K.C., filed a writ petition under Article 226 seeking regularisation of his loan. The Supreme Court examined whether the writ …
The Competition Commission of India (CCI) appealed against a penalty imposed on four Multi System Operators (MSOs) for terminating a cable‑TV broadcast agreement with a news channel, Day & Night News, alleging abuse of dominant position. The MSOs held about 85% of the cable‑TV subscriber base in …
The appellant, Indian Farmers Fertilizer Co‑operative Ltd., issued a tender for defoamers which was won by the respondent, Bhadra Products. After the respondent supplied the goods, a payment dispute arose and the parties went to arbitration. The sole arbitrator first decided the issue of limitation, …
National Travel Services, a partnership firm, obtained a loan from Jetair Private Ltd and subscribed to its equity in the names of two partners, who were registered shareholders holding 48.19% of the shares but held them for the benefit of the firm. The firm challenged whether Section 2(22)(e) of …
The Kerala State Coastal Management Authority (KCZMA) challenged DLF Universal Ltd's multi‑storey residential project on the banks of Chilavannurkayal, alleging violations of the Coastal Regulation Zone (CRZ) Notification and lack of prior CRZ clearance. The Kerala High Court initially ordered …
The Supreme Court examined whether the Central Government must obtain prior advice from the Drugs Technical Advisory Board (DTAB) before invoking the power under Section 26A of the Drugs and Cosmetics Act, 1940 to prohibit, restrict or regulate a drug or cosmetic in public interest. The Court held …
The Supreme Court examined two pivotal questions arising under the Insolvency and Bankruptcy Code, 2016: (i) whether the requirement in Section 9(3)(c) to attach a certificate from the financial institution confirming non‑payment of an operational debt is a mandatory condition precedent, and (ii) …
The dispute concerned a notice inviting tenders (NIT) for constructing an educational campus, which required bidders to have completed similar large‑scale projects. Respondent No. I was found ineligible by three expert committees, a finding upheld by the Single Judge of the High Court. The Division …
The Federation of Hotel and Restaurant Associations of India challenged the applicability of the Standards of Weights and Measures Act, 1976, its 1985 Enforcement Act and the Legal Metrology Act, 2009 to the sale of packaged water bottles served in hotels and restaurants at prices above the printed …
The State of Maharashtra introduced a subsidy scheme for multiplex theatre complexes by amending the Bombay Entertainment Duty Act, 1923, granting a three‑year exemption from entertainment duty followed by a two‑year partial remission. The Commissioner of Income Tax assessed the subsidy received by …
The Supreme Court examined whether Income Tax Circular No. 3 of 2011, which bars filing of High Court appeals where the tax impact is below Rs 10 lakh, applies retrospectively to appeals already pending before the circular came into force. The Court noted divergent views among High Courts and …
The Supreme Court examined the constitutional validity of Section 45(1) of the Prevention of Money Laundering Act, 2002, which imposes two additional conditions for granting bail when the offence involves a scheduled offence punishable with imprisonment of more than three years under Part A of the …
Indian Oil Corporation Limited (IOCL) imports crude oil into Bihar, refines it and sells petroleum products to two oil marketing companies (BPCL and HPCL) and to local retailers. IOCL pays Entry Tax when the products enter the Patna local area but claims that Value Added Tax (VAT) should be set off …
The Union of India (lessee) and Bengal Shrchi Housing Development Limited (lessor) entered into a three‑year lease for commercial premises. Dispute arose over who should pay service tax on the lease. The High Court held the lessee liable, but the Division Bench reversed, holding the lessor liable …
Mis. K. Lakshmanya & Co., a partnership, paid interest under Sections 234(A)-(C) for assessment years 1993-94 and 1994-95 and applied to the Settlement Commission to have that interest waived. The Commission, relying on a CBDT circular, partially waived the interest, after which the Assessing …
The appellant, Kamal Kant Jain, entered into an agreement to purchase a property from the respondent, Surinder Singh, based on an authorisation letter that allowed a power of attorney holder to sell the land. The agreement required payment of earnest money, and both the authorisation letter and the …
The appellant, Vishnu Bhagwan Agrawal, insured jute stock with National Insurance Co. and later purchased additional jute, seeking an increase in the sum insured. The insurer did not formally acknowledge the increase, leading to a dispute over whether the policy was effectively amended and whether …
The Supreme Court examined whether two US‑incorporated companies, eFunds Corp. and eFunds IT Solutions Inc., had a permanent establishment (PE) in India under the India‑US Double Taxation Avoidance Agreement (DTAA). The Revenue argued that a fixed place of business, a service PE, and an agency PE …
Nabha Power Ltd (NPL) entered into a 25‑year Power Purchase Agreement (PPA) with Punjab State Power Corporation Ltd (PSPCL) for a 1200 MW plant under a fuel‑specific, pre‑identified site procurement route. The PPA’s energy‑charge formula required the cost of purchasing, transporting and unloading …
The respondents, members of a cooperative housing society, entered into a Joint Development Agreement (JDA) with developers to develop 21.2 acres of land. Only two instalments were paid and 7.7 acres were conveyed, for which capital gains tax was paid. The Assessing Officer and the ITAT treated the …
The petitioners, Dushyant N. Dalal and his wife, were ordered by SEBI to disgorge unlawful gains of Rs.4.05 crore and pay a penalty of Rs.6 crore, with a debarment of seven years if unpaid. They challenged the SEBI order, arguing that interest could not be levied retrospectively under Section 28A of …
Mobilox Innovations Pvt Ltd, an operational creditor, filed an application under the Insolvency and Bankruptcy Code, 2016 (IBC) seeking initiation of corporate insolvency against Kirusa Software Pvt Ltd for an unpaid operational debt of Rs.20,08,202.55. The corporate debtor raised a dispute, …
The appellants borrowed money from the respondent, securing the loan with seven immovable properties. Their loan account was declared a non‑performing asset and the parties’ contract contained an arbitration clause, leading the respondent to initiate arbitration while also issuing notices under …
The appeal concerned the taxability of pan masala containing tobacco (gutka) under the Delhi Sales Tax Act, 1975, the U.P. Trade Tax Act, 1948 and the Tamil Nadu General Sales Tax Act, 1959. The central issue was whether the specific entry introducing "Pan Masala and Gutka" in the rate schedule …
Chrisomar Corporation supplied bunkers to the vessel M.V. Nikolaos‑S owned by Third Element Enterprises and sued for unpaid invoices, leading to the vessel's arrest. The parties entered a settlement on 18 January 2000, but the vessel was re‑arrested on 2 May 2000 when payment was still outstanding. …
Samar Kumar Roy filed a suit under Section 34 of the Specific Relief Act, 1963 (and Section 38 for injunction) seeking a declaration that his alleged marriage under the Special Marriage Act was void. The plaintiff died during the proceedings and his mother was substituted as his legal representative …
The dispute arose from a fourth arbitration between HRD Corporation and GAIL (India) Ltd. over a long‑term wax supply contract. The appellant challenged the appointments of two arbitrators, Justice K.K. Lahoti and Justice K. Doabia, invoking Sections 12 and 14 of the Arbitration and Conciliation …
The appellant, a descendant of former zamindars, claimed possession of about five acres of land since 1930. The State Government, on behalf of the Union of India, filed a suit under Section 180 of the United Provinces Tenancy Act, 1939, for recovery of possession and damages, which was later …
Innoventive Industries Ltd., a corporate debtor, defaulted on its financial obligations and a financial creditor (ICICI Bank) filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC). The debtor argued that a notification under the Maharashtra Relief Undertakings …
The appellants challenged the admission of a demarcation report prepared by a government agency during conciliation proceedings against the respondent. The High Court had allowed the report as evidence, but the Supreme Court examined whether this contravened Sections 75 and 81 of the Arbitration and …
Sejal Glass Ltd. filed a civil suit seeking a money decree and recovery of TDS from Navilan Merchants Pvt. Ltd. and its directors. The defendants moved an application under Order VII Rule 11 of the CPC, claiming the plaint disclosed no cause of action against the directors and seeking bifurcation of …
The appellant, Terapalli Dyvasahata Kumar, filed a petition under Section 23 of the Andhra Pradesh Societies Registration Act, 2001, seeking declarations and injunctions concerning the management of a society. The District Court allowed the petition, holding that "District Court concerned" should be …
The petitioners claimed ownership of land in Survey No. 129/45/D, Hyderabad, based on a 1961 compromise decree and a 1962 sale deed in favour of their mother. The State Government had recommended issuance of supplementary sethwars for this parcel. The land had been caught up in urban land ceiling …
The plaintiff entered into an agreement to sell a property with the first defendant, paying two‑thirds of the price in advance and agreeing that the defendant would execute a General Power of Attorney for the plaintiff's husband. On 13 March 1992 the defendant repudiated this by refusing to register …
The Allahabad Municipal Corporation (Nagar Nigam) issued a notification imposing a licence fee on insurance companies under the Uttar Pradesh Municipal Corporations Act, 1959. The Life Insurance Corporation of India (LIC) challenged the levy, arguing that its business of life insurance does not fall …
Hyundai Corporation entered into a contract with Oil and Natural Gas Corporation (ONGC) for offshore oil exploration, which contained Clause 13.2.8 (sub‑contractor liability) and Clause 17.3 (indemnity for costs arising from a change of law). A change in Indian tax law – Section 44BB/4488 of the …
GlaxoSmithKline Pharmaceuticals Ltd., a manufacturer of the bulk drug Betamethasone Disodium Phosphate, was granted an exemption under paragraph 28 of the Drugs (Prices Control) Order, 1987, valid up to 31‑December‑1994. After the exemption expired, the Union of India issued a show‑cause notice …
The appellant, Manmohan Attavar, contested an ex‑parte interim order of the Karnataka High Court that allowed the respondent, Neelam Manmohan Attavar, to occupy his Bengaluru premises under the Protection of Women from Domestic Violence Act, 2005. The respondent claimed to be the appellant’s …
Laurel Energetics Pvt. Ltd. (appellant) acquired 18% of Rattan India Infrastructure Ltd., the target company, in July 2014 at Rs 6.30 per share. In October 2015 it made an open offer to acquire the remaining shares at Rs 3.20 per share. SEBI held that the acquisition was not exempt under Regulation …
The dispute involved a residential house in Munger, Bihar, owned by Hira Mistry, whose eviction decree against tenant Surendra Narayan Sinha was eventually reversed. An agreement to sell the house to Vijay Kumar was executed in 1983 while eviction proceedings were pending, leading to a …
The sole arbitrator, on 7 October 2010, issued an interim order under Section 17 of the Arbitration and Conciliation Act, 1996 prohibiting the disposal of any flats without its leave. The respondent transferred five flats on 14 October 2010, breaching that order, and the arbitrator later found the …
The appellant was convicted under Section 138 of the Negotiable Instruments Act and was ordered to pay Rs.2.75 lakh as compensation under Section 357(3) of the Code of Criminal Procedure, with a default imprisonment of one month for non‑payment. He served both the principal sentence and the default …
The wife, Lalita, committed suicide within five years of her marriage, alleging daily quarrels and dowry demands by her mother‑in‑law and father‑in‑law. A dying declaration recorded by a Sub‑Divisional Magistrate detailed the harassment and the in‑laws’ presence at the time of the act. The trial …
The appellant, a convicted history‑sheeter, was first detained under the Bihar Control of Crimes Act, 1981 on 5 September 2016. That order was revoked on 17 September 2016, and a second detention order was issued on 21 September 2016 on the same grounds that existed before the revocation. The …
A land dispute in Mamkhor village led to a scuffle on 11 July 1992 during which accused Hari Shankar Shukla retrieved a country-made pistol and fired a bullet that killed Umesh Shukla and attempted to kill Savitri Devi. The trial court acquitted all three accused, finding the eyewitness accounts …
The appellants, Ganesh and Avinash Andekar, were convicted of murder under Section 302 read with Section 34 of the IPC for the killing of their neighbour Raghunath, based on the testimony of the victim's daughter and wife who claimed to have witnessed the assault. The trial court had acquitted all …
The case arose from a violent clash during a panchayat election in Sehore, Madhya Pradesh, where a group of accused, armed with lathis and fasris, attacked members of the complainant party, resulting in one death and several injuries. The trial court acquitted all seventeen accused, reasoning that …
The appellant, Chhanga (Manoj), was part of a four‑person group that hurled two bombs at a shop where an informant was present, causing only minor injuries because the bombs exploded at a distance. The appellant shouted "kill him" and was charged under Section 307 read with Section 34 of the Indian …
Five accused attacked Rajagopal with deadly weapons, inflicting twelve serious injuries that led to the amputation of both his legs. Rajagopal, the injured eye‑witness, gave a detailed, uncontradicted testimony identifying each accused and describing the specific weapons used and injuries inflicted. …
The case involved the murder of a woman whose decapitated body was recovered in a gunny sack from a canal. The Sessions Court convicted the two accused brothers on the basis of alleged motive, a "last seen" theory, recovery of the body, their absconding and false information given to the victim's …
The case involves the double murder of a 12‑year‑old girl and her 50‑year‑old father, and attempted murders of two other family members, allegedly committed by Y. Amaranatha Reddy using a sickle. The trial court convicted the accused under Sections 302, 307 and 324 of the Indian Penal Code, relying …
The Supreme Court examined whether the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) could be applied in the State of Jammu & Kashmir. The High Court had held that key provisions of SARFAESI were ultra‑vires Parliament because they …
The Supreme Court examined the constitutionality of the Tamil Nadu Regulation of Jallikattu Act, 2009, which permits the traditional bull-taming sport of Jallikattu. The Court held that the Act collides with the Prevention of Cruelty to Animals Act, 1960 because it allows the taming of bulls for …
R.K. Roja was elected to the Nagiri Assembly Constituency and a respondent filed an election petition challenging her election. The appellant filed an application under Order VII Rule 11 of the CPC to have the petition rejected, first as a counter‑affidavit and later as a formal application. The …
The appellant, Mukul Sharma, entered into a sale deed with Orion India for a specified built‑up area of a building. A dispute arose over whether the term "built‑up area" included common areas such as lifts, corridors and lobbies. Initially the plaintiff understood it to include common areas, but …
The appellants were penalised by SEBI for alleged insider‑trading violations involving small share transactions. They contended that the penalty was excessive because the default was merely technical, with no disproportionate gain, loss, or repetitive nature, and argued that Section 15A (as amended …
Servo‑Med Industries bought bulk disposable syringes and needles, sterilised them, packed them in branded pouches and sold them. The Central Excise Department issued a show‑cause notice demanding additional excise duty, contending that sterilisation transformed the articles into a new commodity. The …
The Agricultural Income Tax Officer appealed against a Calcutta High Court order that granted a refund of rural employment cess and education cess paid by tea estate owners, together with 12% interest, for periods before the West Bengal Taxation Laws (Second Amendment) Act, 1989. The Supreme Court …
Sheikh Hussein executed a gift deed on 26‑04‑1952 gifting an immovable property to his wife Banu Bibi. The deed contained conditions restricting alienation and stipulating that the property would revert to the donor or his heirs if Banu Bibi had no children. After Banu Bibi sold the property to V. …
